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Home My WebLink About1993-165 1 2 3 4 RESOLUTION NO. 93-165 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO PAYMENT FOR OVERSIZING SEWER LINE IN REDLANDS BOULEVARD, FROM HUNTS LANE TO CLUB WAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City, 8 an agreement with the City of Loma Linda relative to payment of 9 the oversizing cost for a sewer line in Redlands Boulevard, from 10 Hunts Lane to Club Way, a copy of which agreement is attached 11 hereto marked Exhibit "A" and incorporated herein by reference as 12 fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 17 18 19 20 21 22 23 24 25 26 27 28 executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute resolution. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4-28-93 it within sixty (60) days of the passage of this RES 93-165 RESO: EXECUTING AGREEMENT WITH CITY OF LOMA LINDA RELATING TO SEWER LINE IN REDLANDS BOULEVARD. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by 3 Bernardino the Mayor and Common Council of the Ci ty of San at a reqular meeting thereof, held on the 4 24th day of May 5 Council Members: , 1993, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY x x 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER x x x x x 13 14 15 16 day of 17 18 R~'~k May , 1993. The foregoing resolution is 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 1 .,~ - 2 - 93-165 AGREEMENT THIS AGREEMENT, made and entered into this 26th day of May ___, 199-2, by and between The City of Lorna Linda, a municipal corporation of the State of California, hereinafter referred to as "Lorna Linda" and the city of San Bernardino, a municipal corpora- tion of the state of California, hereinafter referred to as "San Bernardino" WITNESSETH WHEREAS, San Bernardino has planned to construct a relief sewer in Redlands Blvd. from Hunts Lane to Club way and WHEREAS, the proposed sewer is parallel to an existing sewer that serves both San Bernardino and Lorna Linda and WHEREAS, during design of the relief sewer, San Bernardino made studies of the area to be served as well as investigated requests from Lorna Linda for additional capacity in the sewer system and WHEREAS, San Bernardino is willing to construct a larger diameter sewer line that includes additional capacity for Lorna Linda provid- ed Lorna Linda pays associated additional costs and WHEREAS, the construction falls within streets wholly within San Bernardino and WHEREAS, Lorna Linda and San Bernardino do mutually desire to speci- fy herein the terms and conditions under which said project is to be constructed, financed and maintained; and WHEREAS, construction of project is proposed for the 1992/93 fiscal year, at a total preliminary estimated cost of $145,000.00 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION ONE SAN BERNARDINO SHALL -- 1.01 Perform all necessary field surveys, soil tests and materials investigations necessary for design of said improvements. 1.02 Act as Lead Agency in securing Environmental Review approval, prepare all required reports, agreements, obtain all permits neces- sary to accomplish said improvements. 1.03 Prepare construction plans, specifications, estimate of quantities and costs, and contract documents. 1 RES' .93-165 1.04 Arrange for relocation or removal of all utilities which are in conflict with the said improvements. 1.05 Submi t plans, specifications, estimate to Lorna Linda for review prior to advertising for bids. 1.06 Prepare the proposal form in a manner that allows the actual cost for the pipe upsizing to be readily discernable from the bids and allow adequate and proper allocation of costs. Bids will be solicited for 8 inch diameter and for 18 inch diameter main lines with Lorna Linda being responsible for the difference in cost for the larger line. 1.07 Provide adequate construction inspection of all items of work performed under construction contract referenced hereinabove, and maintain records of inspections and materials test for review by Lorna Linda 1.08 Maintain a detailed record of any proposed changes to the approved plans and specifications, and secure Lorna Linda's approval prior to authorizing and major changes thereof. 1.09 Submit a set of "As Built" plans to Lorna Linda upon comple- tion of project. 1.10 Advertise, award, administer and fund a construction contract for the hereinabove referenced improvements in conformance with approved project plans and specifications. 1.11 Accept responsibility for all costs of the project, including preliminary engineering, construction engineering, construction contracts, applicable overhead charges, and any other costs direct- ly attributable to project, except for the share to be borne by Lorna Linda as provided hereinafter. 1.12 Submit an accounting to Lorna Linda of all costs charged to the project along with a statement for Lorna Linda's share of the cost. 1.13 Upon completion of the project, assume maintenance of the improvements to be constructed within the incorporated area under jurisdiction of San Bernardino. 1.14 Require its contractor(s) to provide single limit insurance covering bodily injury and property damage in an amount of not less than one million ($1,000,000) dollars. SECTION TWO LOMA LINDA SHALL 2.01 Assist San Bernardino in accomplishing the removal or reloca- tion of utilities in conflict with the said improvements. 2 RES 93-165 2.02 Accept responsibility for the share of the project costs for the oversizing from 8" diameter to 18" diameter of the sewer line and reimburse San Bernardino, within 30 days after receipt of an itemized statement of cost. Lorna Linda's share is estimated to be $26,000.00 but in no event shall Lorna Linda's total obligation under this agreement exceed the actual cost of oversizing provided that Lorna Linda may, at its sole discretion, in writing, authorize a greater amount for additional work as desired. 2.03 Execute this agreement in a timely manner that will allow the project to proceed and be completed within the 1992/93 fiscal year with an anticipated construction date of May 1993 2.04 Make those arrangements that may be necessary for the treat- ment of additional flows and transport to the treatment plant, that are outside the limits of this agreement. said arrangements shall not be construed as included in this agreement nor shall any enti- tlement be made by this agreement other than for additional capaci- ty (estimated combined total of 7 MGD) within the line being con- structed. 2.05 Accept responsibility for extension of the remaining portions of the line to reach Lorna Linda at such time as it may be required or to participate in future extensions performed by San Bernardino to the extent that additional capacity is to be preserved. SECTION THREE BE IT FURTHER AGREED BY THE PARTIES HERETO -- 3.01 That no part to the agreement nor officer nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or in connection with any work, authori- ty or jurisdiction delegated to the parties under this Agreement. It is also understood and agreed that pursuant to Government Code section 895.4 each party shall fully indemnify and hold all other parties harmless from any liability for injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done under or in connection with any work, author- ity or jurisdiction delegated under this Agreement. 3.02 By combined funding, the cities are able to construct a larger sized system that is planned by either City and thereby create additional capacity for future development and increased flow. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the parties involved. 3 RES93-165 AGREEMENT: TO CONSTRUCT A RELIEF SEWER IN REDLANDS BOULEVARD FROM HUNTS LANE TO CLUB WAY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly autho- rized. ATTEST: ~} / ... ') 't:a.nv? Camb, City Clerk ATTEST BY:~~ RAC L CLARK, city Clerk Approved as to form and Legal content: James F. Penman, City Attorney CITY OF LOMA LINDA /' ---- .~ ~~ ...::----~- ....... BY:~""--- //~< c--'" /. . . ~ ROBERT H. CRISTMAN, Mayor city of Lorna Linda May 11, 1993 ..--~ CITY OF SAN BERNARDINO ,// /<-,- / / //~. /1 1" /7~ / , / // 1/(,// / /</ By /' ,c/ /-1 L./ ._"'/>/ W.R. Holcomb,'May r City of San Bernardino 4